Terms of Use

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Introduction

The User’s (defined below) use of this website www.abmilega.com (“Website”) and related tools and services thereof, including but not limited to viewing information and acting on such informationis governed by and shall be subject to these terms and conditions (“Agreement”), the terms whereof are subject to change at any time without prior notice to You. To make sure You are aware of any changes, please review this document and all the documents referred to hereunder periodically.

This Website is developed and maintained by Industrial Systems having its office at 1/F, No. 338, BTM Layout, 6th Stage Arekere, Bangalore – 560 076 (“Company”).

For the purposes of this Agreement, the term “User(s)” and wherever the context so requires “You” or “Your” shall mean any natural or legal person who has installed and is using the Website.  The terms “We”, “Us” and “Our” shall mean the Company.

This Agreement sets forth the legally binding terms of Your use of the Website. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Website, which shall be deemed to be a part of this Agreement and in the event of any conflict between the terms of this Agreement and any aforesaid documents, the aforesaid documents shall prevail. If any of the terms of this Agreement are not acceptable to You, please do not use the Website. Your continued usage of the Website (including after any changes to this Agreement) constitutes Your acceptance of this Agreement, together with all the amendments from time to time.

Scope of the Website

You acknowledge that the Website is only an online facilitating platform that enables sellers of industrial goods (“Vendor(s)”) to place information pertaining to the industrial products including systems for prospective buyers of such products on the Website and facilitates Your purchase of such products (“Listed Product(s)”) by providing You with only such information as may be available based on the inputs from Vendors. The Website also provides other information including the information related to the service providers for industrial installations. You acknowledge that the Company does not have any control on any information relating to the Listed Products or service providers, other than as made available by the Vendors to the Company and such information that is publicly available, that the Company believes to be correct.

Personal Information

The privacy of Your information is governed by the privacy policy (“Privacy Policy”) and additional provisions in this Agreement. You confirm that You have also read, agreed and accepted to be bound by the terms and conditions incorporated in the Privacy Policy, which shall be deemed to be a part of this Agreement.

Basic Terms of Use

Your access to and use of this Website will be through a unique User account with a password (“User Account”), created on the Website by each User to identify such User.  To create a User Account, You will be required to register by providing Your Email address and name. While registering, You may also at Your discretion provide the name of Your organization/employer, Your phone number, Your address and the website address of Your organization/Your employer. All details that You provide will be governed by this Agreement and the Privacy Policy.

In order to verify that You have entered an e-mail address that You operate, You authorize the Company to send a verification e-mail containing a password. Your User Account will be active only after You verify Your e-mail address by entering the password sent to you on your e-mail address. In case You use an e-mail address provided to You by Your employer or organisation, You may not be able to receive the verification Emails from Us, depending on the policies of Your employer or organization, as the case maybe.You are responsible for the use of the services provided through the Website and for restricting access to Your electronic device and/or Your computers on which this Website could be accessed (“Device”), so as to prevent any unauthorised usage of this Website. You shall be solely responsible for any activity on this Website that occurs through Your User Account and shall not hold us liable in this regard, for any reason whatsoever.

The Company reserves the right to restrict or refuse Your access and/or usage of the Web site in any manner, including but not restricted to termination of Your User Account or removal of the content associated with Your User account, without providing You with any reasons and without a prior notice.

You shall not access or use or assist any other person to access or use this Website for the following purposes:

Any unauthorized use including without limitation to (i) any usage of the content provided on this Website not in conformity with the rights granted with respect to the same, (ii) any usage that may violate third party intellectual property rights and (iii) any usage that may violate the laws of privacy for which You shall be solely responsible;

 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

 Committing breach any applicable laws;

 Using or attempting to use any engine, software, tool, agent or other Device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the software on this Website or reverse engineer it by copying, modifying, decompiling or dissembling; and/or

Gaining or attempting to gain unauthorized access to any part or feature of the Website or any other systems or networks connected to the Website or to any server, computer, network, by hacking or any other illegitimate means.

You agree and confirm:

That You are at least 18 (Eighteen) years of age. If You are under 18 (Eighteen) years of age, You shall immediately discontinue using/browsing this Website;

 That You will use the Website, the information contained and the services provided therein for lawful purposes only. By accepting this Agreement and using the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines;

 That You are aware that the Website may require specific Device configurations to load without which, the performance and/or functionality of the Website may be hindered;

That You are aware that the Website may have access to Your geographical location, by way of cookies and/or by interacting with the embedded browser on Your Device including through geolocation and other similar methods and You hereby confirm the access to Your location by such means;

That You have and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete;

That You shall bear the costs incurred to access and use the Website and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;

That You shall be solely responsible for all activities undertaken through Your User Account, whether or not you have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;

That You will not disclose the password associated with Your User Account to any third person, unless You expressly desire for them to access and use Your User Account, and shall not hold Us liable in this regard, for any reason whatsoever;

That You are aware that the Products and/or services purchased based on the information available on the Website are and shall be subject to the specific terms and conditions of the Vendor of such products and/or services;

That You will not interfere with the proper working of the Website;

That You shall be responsible for checking the content, service description and other related information before using the relevant service or content provided through this Website;

 If  You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.

Listed Products

You agree and acknowledge that the Company is only a facilitating platform that allows the Vendors to list and provide information about their Listed Products, and has no control on any transaction taking place between You and the Vendor(s), which is implemented solely by and between You and the Vendor. Accordingly, the content on the Website is for informational purposes only. The Vendors govern the price and/or specifications of Listed Products and the Company has no authority to modify or amend such pricing and/or specification. The specifications of the Listed Products are provided on the Website based on the information provided by the Vendors either publically, on their catalogues or specifically to us. It is clarified that any requests or complaints in relation to the price or specificationsof the products must be made to the respective Vendors only and the Company shall not be obligated to register such complaints or requests. You further acknowledge that the Company and/or the Vendors have the right to remove the Listed Products at any time, at its discretion and the Vendors may revise the pricing at any time without any prior notice to You.

The Company is neither the seller nor broker of the Listed Products, and does not guarantee the availability, correctness, quality or fitnessthereof. The Companyshall not be responsible for any loss or damage caused including any consequential damages due to the non-availability, lack of fitness, quality and/or quantity or any usage defects of the Listed Products.

All Listed Products, their details (including pictorial representations thereof) and specifications are representations of the Vendors,who make such products.The Company does not guarantee the use, applicability or correctness thereof. The Company shall not under any circumstances be liable for anydamage or loss, direct or indirect, caused to the User due to such representation. Further, You agree that You have independently verified the contents of the Listed Products, its specifications and other relevant details and have, at Your own volition and risk opted to enquire/purchase the same.

Information on the Website

The Website makes available information on all Listed Products on an “as-is” basis. The Listed Products are classified as per itsVendor (manufacturers, traders and authorised dealer selling the Listed Product), make, model and part number/code. We have only classified the information on the basis of the information released by the Vendors either publically or specifically to us and We do not conduct any due diligence to verify such information. You understand, agree and acknowledge that any incorrectness or inconsistency in classification of the Listed Product as per the aforesaid criteria due to the incorrectness in the information provided to Us shall not be our responsibility and We shall not be liable for the same. You are advised to verify, at Your own cost, the classification of the Listed Products and the information pertaining thereto before acting upon the same.

The Website enables You to search for dealers/traders for specific manufacturers/brands of industrial products. The database of dealers/traders is prepared by combining the information available with Us and such other information as is provided to Us by the dealers/traders. However, We make no warranties regarding such information including the contact details and authorisation of the dealers as We do not verify such information. The dealers are listed as “authorised dealers” only on the basis of the copy of themanufacturer’s authorisation certificate provided to Usbythe dealers, authorising them to trade in the relevant product. The image of such authorisation certificate is uploaded on the Website as it is. It is clarified that We do not conduct any enquiries or verification of the authorisation certificate and do not guarantee its authenticity in any manner. You shall act upon such information only at Your own risk and not hold us liable in this regard. All dealers/traders who are not specifically authorised by the respective manufacturer/brandbut nevertheless trade in the products of such brand/manufacturer are listed as “traders” of that brand/manufacturer.The authorised dealers and traders are also classified according to their location.

The dealers/traders are classified as “premium” based only upon their request to classify them as such. Classification of any dealer/trader as “premium” shall not imply any representations as to their quality, reliability, customer feedback, etc.

Requesting for the Quote or Enquiry

The Listed Products in respect of which you intend to seek price quotations is hereinafter referred to as theDesired Listed Product. You must add the Desired Listed Product to the ‘basket’, where all such Listed Products reside. Subsequent to dropping Your Desired Listed Product to the ‘basket’, you must enter the quantity and complete part number/code of the such product to seek price quotations.

In order to assist You in ascertaining the complete code of a Listed Product, the Website may (without any obligation) provide You with a tabular guide that can be understood and used by a qualified personnel (“Product Guide”). It is understood that the Product Guide is only for Your guidance and the Company does not guarantee the correctness thereof. With emerging industry standards, the Product Guide provided on the Website may lose its relevance and may render incorrect part numbers/codes. The Company makes no representation and undertaking to update the Product Guide from time to time to reflect updated specification standards in the industry.In case Your ascertainment of part number/code of the Listed Product is incorrect, You may not receive any price quotations or You may not receive the relevant and correct price quotations for that Listed Product from the Vendor.The Company shall not be liable for any such claims in this regard.

In addition to the complete part number/quote and quantity, You may also provide additional details to customise Your request for seeking the quotation(s) for the Desired Listed Product(s). Such additional information includes any specific description or comments on the Desired Listed Products and any document or image detailing Your requirements, that You may wish to share with the Vendor for the sole purpose ofguiding the Vendor on Your requirements in relation to the Desired Listed Product(s). You agree and undertake to not share or include any additional information in the form of comments and/or uploaded file(s) that may be illegal, offensive or irrelevant to such purpose. You further represent and warrant that You own the content in the file(s) including any texts and images that you upload, to share with the Vendors for seeking price quotations; and that such content does not violate any third party intellectual property rights. Upon choosing to upload any files for this purpose, You grant Us a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, worldwide license to use the content contained in such files.

 

You may also provide to the Vendors Your preferred timelines for receiving the price quotations for Desired Listed Products, in the form of a last date being the cut-off date.

Subsequent to providing the information, as aforesaid, upon clicking “submit”, Your enquiry for the Desired Listed Product along with Your additional comments and requirements, if any, is communicated to all Vendors who are members of the Website and have indicated that they are selling or providing the particular product. To enable the Vendors to provide You with the price quotations for the Desired Listed Product, We will also share Your name and email address (“User Details”) with all of the aforesaid Vendors. By clicking ‘submit’, You authorise Us to share Your name and email address with such Vendors who are third parties not affiliated or associated with the Company. Accordingly, Your User Details may be subject to the privacy policies of such third parties and may be used by them for purposes unknown to the Company. The Company shall not be liable for use of Your User Details by such third parties including Vendors. By clicking “submit” as aforesaid, You also authorise third parties including Vendors to send you such communication as they deem fit, including marketing emails and product offers in addition to the price quotation for the Desired Listed Product. Some of these communication may be spam and the Company shall not be liable for the same.

You understand, acknowledge and agree that Our role as a facilitating platform is limited to communicating Your name, email address, and Your Desired Listed Product to the relevant Vendors based on the contact details provided by the Vendors. We do not follow up, request or pursue any of the Vendors on Your behalf to provide You with the desired price information and the Vendors have the sole discretion in this regard. The Vendors may choose to not respond to Your request by the last date provided by You or you may not receive any response. We shall not be a party toany communication between You and the Vendor(s) subsequent to Your request for price quotation, including the content of such communication, representations from the Vendor and terms and conditions relating to the sale of the Desired Listed Product,shall not be the responsibility of the Company and Your reliance on such communication shall be at Your own risk.We do not guarantee the quality or genuineness of the response from the Vendor and it shall be Yourprerogative to check the authenticity of the response received pursuant to any request for price quotations or contact made by the User.

Any communication regarding request for the price quotations, information from dealers and other communication through the Website is not guaranteed to be delivered. Each time You “submit” Your request for price quotations, or seek to contact a dealer/trader or any Vendor, Your User Details are sent to the email address provided by the Vendors to Us. However, in case the contact information that Vendors provide Us is incorrect or belongs to a third party, Your User Details may not be shared or may be shared with a third party whose contact details the Vendors provided Us with. You acknowledge that We do not have control over the contact details provided by the Vendors and You shall not hold us liable for the failure of any communication between You and the Vendor.

 

We may, without any prior intimation to You, place Your Desired Listed Products under the “recent enquiries” section of the Website to indicate the recent enquiries made by the Users on the Website.

Equivalent Products

The Website is equipped with an “Equivalent” feature that provides for information about products similar to the Desired Listed Products in terms of specifications. An “equivalent” of the Desired Listed Product may not be manufactured by the same manufacturer. At the time of submitting Your request for price quotations of the Desired Listed Products, You will have an option to enquire for the “equivalent” products. If you click the “equivalent” option, Your request shall be communicated additionally to the Vendors who have Listed Products similar to the Desired Listed Product.

Further, the “equivalent” section of the Website provides You with an option to search for specification equivalent of the industrial products, as per the data provided by the Vendor. While enquiring for particular Listed Products, the Website provides You with an option to enquire for its “equivalent” products.

The listing of any product as “equivalent” is automated based only on the specifications provided by the Vendors and We do not make any amendments to such information or study the information to provide any suggestions or conclusions as to the equivalents. The Company does not represent or guarantee that any product that is represented by the Vendor or listed as equivalent of a particular product would match the fitness, quality and specification of that product. You understand, agree and acknowledge that Your reliance on such equivalent products in place of the actual product is at Your own risk and We shall not be liable for any direct, indirect or consequential damage caused as a result of reliance on the equivalent products.

Other Account Features

Any features associated with Your User Account, including without limitation ‘reports’ and ‘ex-stock’ may be discontinued or modified at any time by the Company without any prior notice to You. You agree that the ‘reports’ feature of Your account presents automated data and graphical representation thereof for Your open queries, answered queries and assigned queries. You shall be solely responsible for relying on the data so presented.You agree that the report provided to You is based on Your inputs and not based on any external survey.

The Website provides You with the option to list Your industrial productswith a view to procure sales queries in relation to the same. In order to list Your industrial products (“User Ex Stock”), You upload information pertaining to the ex- stock and We upload such information on an “as is” basis. Under no circumstance shall such information be construed as representation from Us. You will be required to mandatorily provide the following information: the item code of the product, brief description, make, price and the quantity that is available for sale. You will also be required to upload an image of the product. Upon listing, You represent, warrant and undertake that:

That You hold all necessary rights and entitlements to the User Ex Stock and have full power, authority and legal right tosell the Ex Stock that You intend to list;

 The listing and/or sale of the User Ex Stock by You does not violate any agreement to which You are a party or any judgment or law that You are subject to;

 The information provided by You regarding the User Ex Stock is correct and no part thereof is misrepresented or false; and

 You own the content in the file(s) including any texts and images that you upload to share with the Vendors for seeking price quotations and that such content does not violate any third party intellectual property rights.

 You shall, at all times, keep the Company, its proprietors, officers, employees and Affiliates indemnified against any claims arising out of Your breach of the aforesaid representation and warranties.

The Company has complete discretion whether to list the User Ex Stock. The Company may deny listing of any User Ex Stock by exercising such discretion, without prior notice to You. User Ex Stock once listed, may also be removed at any time without any notice to You and the Company is not bound to provide any reason for the removal to You.

The Company will not advertise any User Ex Stock that is listed and will only communicate queries/request for price quotations raised by any other User with respect to the User Ex Stock, if any. We do not verify and convey any warranties regarding the identity of any User. Any communication and transaction between Users regarding the User Ex Stock shall be the sole responsibility of the participating Users and the We shall not be liable for any claims in that regard.

The Website contains advertisements and does not regulate the content of such advertisements. The sequence of the advertisement is automated and does not indicate Our preference in any manner. Accordingly, We are not responsible for any such content and any representation contained in such advertisements is the representation of the respective Vendors. It is Yourprerogative to verify such content at Your own peril, before relying on the same.

Contractors/Consultants

The Website provides You with a database of industrial contractors and consultants who, We believe, provide services relating to industrial systems. The database is made available to You free of cost only to assist You in contacting such contractors/consultants with a view to enquire or avail their services. We do not guarantee:

That the contact details and other information pertaining to the listed contractors/consultants are correct;

That the listed contractors/consultants are reliable, competent or qualified to provide any industrial services and that they will perform their services with due or reasonable care; and

That the listed contractors/consultants in fact, provide any industrial services that you may seek.

You acknowledge that We have not verified the identity of such contractors/consultants and We make no warranties regarding their conduct. We will not be responsible for any illegalities, fraud, theft, or any negligence committed by them and/or any loss caused to You on account of engaging with such contractors/consultants. You are advised to exercise due diligence before engaging such contractors/consultants and You shall proceed with engaging them solely at Your own risk. It is clarified that any communication and/or transaction between You and the listed contractors/consultants shall not be Our responsibility and We shall not be liable in that regard.

Image Search Feature

The Website is equipped with an “image search” feature that enables youto find the Listed Products that You require by browsing through the images of such products. You understand, agree and acknowledge that the images are provided by the Vendors and are uploaded by Us on an “as-is” basis. The images may not be representational of the true product and may be misleading. You shall not hold us liable for any loss caused to You from relying on such images as these images are neither clicked by Us nor do We verify the veracity of such images.

Job Vacancy and Dealership Requirement Ads

The Website providesYou with the information relating to job vacancies and dealer requirements that the Vendors advertise for, which information is uploaded by the Vendors and posted as it is on the Website and shall not be construed as a representation from the Company in any manner.The Website enables You to upload Your curriculum vitae, resume, or other such relevant data and/or Your profile and share it with the Vendors who advertised for the job vacancies or the dealership requirements. You agree to not upload any file, data or image that contains any information that may be irrelevant to the advertisement. You shall not upload any content that is offensive, illegal, or is violative of the legal rights of any third party including the intellectual property rights. You understand and acknowledge that any data that You share with the Vendors may be subject to the privacy policies of such Vendors, who may not keep the uploaded data confidential. The Company takes no responsibility for the same.We do not guarantee that Upon uploading the required file/data and submitting Your query/request regarding the advertised job position or dealership requirement. We also do not guarantee receipt of response. You are solely responsible for verifying the authenticity of the response from the Vendors, if any, and We make no guarantees regarding the authenticity, genuineness or quality of such responses.We do not participate in any communications between the Vendor and You pursuant to Your request and accordingly, We shall not be responsible for any interaction or transaction between You and the Vendor.

Payment

The information and allied facilitation services on the Websiteis provided to You by the Company is made available to You free of cost. However, the Company retains the right to revise and modify the pricing policy at any time without any prior notice to You and may charge You for the usage of the Website and related tools and services thereof.

 

Suspension, Terminationand Deactivation

You may at anytime withdraw Your consent by deactivating/deleting Your User Account within the Website. Upon the deletion/deactivation of Your User Account, all data associated with Your User Account that is stored with the Company (excluding the data that You have uploaded and shared with third parties such as Vendors)will be deleted by the Company permanently.

The Company reserves the right to remove or block any User, at its sole discretion, where any activity performed through the User Account causes or may cause or may be deemed to be or constitute:

Offensive, defamatory, vulgar, false or misleading to any person;

Infringement of copyright or trademark or other intellectual property right of another; and/or

Reputation harm to the Company.

Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Website or for any other unlawful act or omission in breach of this Agreement.

Intellectual Property

You agree and confirm that:

All copyright, database right and all other proprietary rights, title and interest in all content presented on this Website (including but not limited to the graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by and/or licensed to the Company or owned by and/or licensed to the manufacturer of the products and/or the Vendors and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.

No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.

Your use of the Services or this Website does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of the Company, the manufacturer of the products and/ or any third party including the Vendors, whether implied or otherwise.

The Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the products and/or their content.

Reviews, Feedback, Submissions

 

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Website, any blog, Facebook, Twitter or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of this Website or purchase of the products (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, the Company owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way.The Companyis and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; and/or (3) to respond to any Comments.

You agree that any Comments submitted by You to this Website, any blog, Facebook, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments submitted by You on the Website or on social networking platforms, as aforesaid, shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Companymaynot regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that You submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit, as aforesaid. You are and shall remain solely responsible for the content of any Comments you make and You agree to indemnify the Company for and against all claims resulting from any Comments You submit. The Company takes no responsibility and assumes no liability for any Comments submitted by You or any third party.

Objectionable Content

The Company makes all endeavours to ensure that no objectionable content that is sexually explicit or racist is placed in the Website. However, since it is difficult to monitor the placement of such objectionable content, you will have an option to notify the Company of such content and the Company will take reasonable steps to remove it, in its discretion. You agree to use this Website and the Services at Your sole risk and that to the fullest extent permitted under applicable law, You agree to waive, any legal orequitable rights or remedies You may have against the Company against the services or content on the Website that may be deemed inaccurate, offensive, indecent, or objectionable to You.

Limitation of Liability

 

THE WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE WEBSITE OR DELAY OR ERRORS IN FUNCTIONALITY OF THE WEBSITE. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE WEBSITE. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S SERVICES.

WHILE THE MATERIALS PROVIDED ON THE WEBSITE WAS PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE WEBSITE. IN NO EVENT WILL WE OR OUR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTACTORS OR AFFILIATES (“REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE AGREEMENT, WEBSITE, SERVICES OR CONTENT OR THE USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT ON THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You hereby agree to indemnify and hold the Company, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors, employees, successors-in-interest and assigns harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions including the breach of any of the terms and conditions set out herein, which may result in (i) any loss or liability to the Company or any third party; (ii) misuse of the Device or of any third person for accessing the Website and Services; or (iii) arising out of Your violation of any applicable laws and regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel or defamation, violation of rights of privacy or publicity, delay, misrepresentation, negligence, default, omission to act or misinformation or loss. You agree to provide the Company with notice of any such claims as detailed in this provision and agree that the Company shall have full authority to defend, compromise or settle such claims. You will provide cooperation and assistance necessary to defend such claims, at Your sole expense. This provision shall survive the termination of this Agreement.

Modification

We may at any time modify and/or amend the terms of this Agreement without any prior notification to You. In the event of any such modification of or amendment to the Agreement, the latest revised version of the Agreement shall be provided in the Website and shall become effective from the time of posting. You must regularly review this Agreement and in the event the modified or amended terms and conditions of the Agreement are not acceptable to You, You should discontinue using the Website and any other services offered on and/or through this Website. Your continued use of the Website will constitute Your acceptance of the latest revised Agreement. Additionally, the Company reserves the right to withdraw, without prior notice to You, access to the Website and services thereofand to change, modify, revise the Websiteat any time.

Governing Law

Any dispute arising out of theAgreement, the Website or the Services shall be governed by the laws of India and the courts at Bangalore, India shall have exclusive jurisdiction with respect thereto.

 

General

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

If any provision of the Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Agreement will bind and inure to the benefit of Your permitted successors and assigns.

This Agreement (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between the Company and You, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

The Agreement is subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with statutory requests or requirements relating to Your use of the services or information provided to or gathered by the Company with respect to such use.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.

It is agreed that the rights herein are non-transferable. You shall therefore not assign or transfer any of Your rights under this Agreement, unless otherwise expressly permitted and any attempt by You to do so shall be void–ab-initio and not enforceable.

 

Contact the Grievance Officer

In compliance with the Information Technology Act, 2000 and the rules made thereunder, you may address Your grievances with respect to the processing of Your information to the Grievance Officer whose contact details are as below:

Industrial Systems

 

1/F, #338, BTM Layout,

 

6TH Stage, Arekere,

 

Bangalore 560078

 

Ph: +91 +91 9980700701/802